Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-16
THE STEAMER CARRIE
AN INJUNCTION OBTAINED ON HER
BEHALF BY THE RAILROAD
COMMISSIONER.
Question of Freight Discrimination
Raised Against the Atlantic and
Danville Road.

COch, Iuubc vi tuc cA~"''
Greensville county, bill for ON injunc-
ton on behalf of II. G. Moffett, Rail
road Commissioner for the State OF
| Virginia, against the Atlantic and Dan
vile Railroad Company. The bill
charges that the said railroad company
has unlawfully Disseminated against
the steamer Carrie in the receipt and
forwarding of freight received from the
said steamer to be forwarded over the
ruilroad that the railroad company
owns at the town OF Claremont
q certain wharf Mt which ships
are accustomed to land, and which
is for the purpose of receiving
goods and merchandise from such ships
to be shipped over the road, the wharf
being in the nature of depot for said
road that some time since the super
intendent of the railroad company no.
titled the captain and owners OF the
steamer Carrie, a vessel accustomed to
| land at the said wharf and unload such
| goods and merchandise as were de-
signed for shipment over the road, that
they would be charged with wharfage on
their steamer for landing it at the wharf,
and also on all merchandise shipped
| from the said steamer over the railroad;
and. further, that on oil articles OF mer-
chandise shipped from said steamer
| over their road the company would re-
| auire prepayment of freight and wharf
age, and that when said articles were
not removed within six hours they would
be stored and regular duty of storage
charged on them.
| OPINION OF TIE ATTORNEY-GENERAL.
The bill charges that no such wharf
age, storage, or prepayment of freight,
\ wharfage, or storage is required from
the owners of any other steamboat or
other vessel landing at the wharf of
the said company; that complaint
was duly made to the Railroad
Commissioner, who, after obtaining the
opinion of the Acknowledgement that
| the acts of the said railroad company
were unlawful, and if persisted in could
be remedied under existing laws, noti-
fed b. +. THAR president Of the road,
and requested him to countermand the
orders discriminating against the said
steamer that notwithstanding all
this the said company persists in its re-
| quirements of the steamer Carrie
which are not made of any other boat,
and refuses to comply with the law gov
erning common carriers in that respect.
The bill prays for an injunction re-
straining the railroad company from
further discriminating against the
steamer i'll the manner alleged.
THE LAW.
The following is the act of the Gene
raj Assembly which it is charged that
the railroad company is violating: &" No
railroad company or canal company or
other common carrier chartered by or
doing business III this State shall make
or give any undue or unreasonable pre-
ference or advantage to or III favor of
any particular person or company or
any particular description of traffic in
any respect whatever; nor shall any
such company or common carrier sub
jet any particular person or company,
or any particular description of traffic, to
any undue or unreasonable prejudice or
disadvantage in any respect whatsoever;
and every railroad company and canal
company and other common carrier
shall. according to their respective
powers, afford all reasonable facilities
for the receiving and forwarding and
delivering Of traffic upon and from the
several railroads and canals and steam or
sail vessels belonging to or worked by
said companies respectively, and for the
return of carriages. boats, trucks, and
other vehicles Every railroad com
pany and canal company and other
common carrier having IN working rail !
roads or canals or vessels which form /
part Of IA continuous line of railroad or
canal or ether communication, or which |
have the terminus station or wharf Of |
the one near the terminus station or
wharf of the other shall afford all due |
or reasonable facilities for receiving and /
forwarding all the traffic arriving by one
of such railroads or canals or other
lines 10y the other without any umrea-
sonable delay, and without any such
preference or advantage or prejudice |
on disadvantage as Aforesaid, and 50 |
that no obstruction may be offered to
the public DESTROYS % using such rail
roads OrcaDals or other lines rs continu-
Ous line of communication. aud so that
all reasonable accommodation may by
means of the railroads and canals and
other lines Of the several companies be
at all times afforded to the public in that
behalf"
DUTY OF RAILROAD COMMISSIONER.
Whenever the law is violated it is the
duty of the Railroad Commissioner to
notify the company, and if the viola
ton is persisted III he is required to re-
port the facts to the Board of Public
Works, and it shall, if it deems it pro-
per OF necessary, direct the Commits
sioner to obtain an injunction from
circuit court or Judge.
THE INJUNCTION.
This course has been taken, and yes
terday Judge Hancock granted an in
junction as follows:
OrGcr.
"An injunction is awarded the com
plainant, H. q. Moifott, Railroad Com
missioner for the State of Virginia, to
enjoin and restrain the Atlantic and
Danville Railroad Company, their
agents, employees, and attorneys, from
discriminating against the owners of
the steamer Carrie, mentioned in the
plaintiffs bill, by charging wharfage to
the said steamer and by requiring pre-
payment of wharfage and freight of
said steamer, as alleged in the com
plainant's bill, until the further order
Of the Circuit Court of Greensville
county. The Judge granting this in
junction being of the opinion that no
bond should be required of the com
plainant, doth order that this iniunc-
ton shall take effect without the execu-
ton of bond by the complainant, and
the clerk of the Circuit Court of
Greensville county is desired forth
with to issue the proper process.
BEVERLY 4. HANCOCK.
90 To the CLERK Of tie circuit Court of
GreensUjUe COunty."
This is the first suit which has been
brought under the above act.
The Conference fo,uy.ittao